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Chapter 250-40 WAC

Last Update: 8/8/06

STATE WORK-STUDY PROGRAM

WAC Sections

Purpose.
Definitions.
Student eligibility and selection.
Restrictions on student placement and compensation.
Institutional application and allotment procedures.
Administration.


250-40-020
Purpose.

The purpose of this act is to provide financial assistance to needy students, including needy students from middle-income families, attending eligible postsecondary institutions in the state of Washington by stimulating and promoting their employment; and to provide such needy students, wherever possible, with employment related to their academic or vocational pursuits.
[Statutory Authority: RCW 28B.12.020 through 28B.12.070. WSR 94-14-006 § 250-40-020, filed 6/23/94, effective 7/24/94; Order 6-74, § 250-40-020, filed 9/17/74.]



250-40-030
Definitions.

(1) "Financial need" shall be the difference between the budgetary cost to the student attending an institution of postsecondary education and the total family contribution which the institutional financial aid administrator determines can reasonably be expected to be available to the student for meeting such costs.
(3) "Total family contribution and resources" shall be consistent with amounts recognized by federal need analysis criteria, unless otherwise modified in accordance with these rules and program guidelines.
(4) "Washington resident" shall be defined as an individual who satisfies the requirements of RCW 28B.15.011 - 28B.15.013 except resident students defined in RCW 28B.15.012 (2)(e) and board-adopted rules and regulations pertaining to the determination of residency.
(5) "Eligible institution of postsecondary education" shall mean any postsecondary educational institution in the state of Washington accredited by the Northwest Association of Schools and Colleges; or a branch campus of a member institution accredited by Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, North Central Association of Colleges and Schools, Southern Association of Colleges and Schools, Northwest Association of Schools and Colleges, or Western Association of Schools and Colleges that is eligible for federal student financial aid assistance and has operated as a nonprofit college or university delivering on-site classroom instruction for a minimum of twenty consecutive years in the state of Washington; or any public technical colleges in the state of Washington.
(6) "Eligible employer" shall be defined as any eligible public institution of postsecondary education; any other nonprofit organization which is nonsectarian; or any profit-making nonsectarian employer producing a good or providing a service for sale or resale to others, which can and agrees to provide employment of a demonstrable benefit related to the student's postsecondary educational pursuits and which conducts business within the state of Washington; or any other employer approved by the higher education coordinating board. In approving an employer as eligible, the board or an institution acting as its agent will consider at the minimum:
(a) The relationship of the jobs to the students' educational objectives;
(b) The potential for displacement of regular employees;
(c) The rate of pay as compared to salaries and wages provided other employees engaged in similar work;
(d) The employer compliance with appropriate federal and state civil rights laws.
(7) "Dependent student" shall mean any post-high school student attending an eligible institution of postsecondary education who does not qualify as an independent student in accordance with subsection (8) of this section.
(8) "Independent student" shall mean any student who qualifies as an independent student for federal student aid.
(9) "Half-time student" means any student enrolled in at least one-half the credit hour or clock hour load defined by the institution as constituting expected full-time progress toward the particular degree or certificate.
(10) "Off-campus community service placements" shall include direct service, planning, or applied research that is designed to improve the quality of life for residents of the community served, particularly low-income residents, in such fields as health care, child care, education, literacy training, welfare, social services, public safety, crime prevention and control, transportation, recreation, housing and neighborhood improvement, rural development, and community improvement. Placements are identified by an institution through formal or informal consultation with local nonprofit, governmental, and community-based organizations.
[Statutory Authority: RCW 28B.80.240 and 28B.12.060. WSR 02-20-083, § 250-40-030, filed 9/30/02, effective 10/31/02. Statutory Authority: RCW 28B.12.020 - 28B.12.070. WSR 93-20-044, § 250-40-030, filed 9/29/93, effective 10/30/93. Statutory Authority: RCW 28B.12.060. WSR 88-10-002 (Order 3/88, Resolution No. 88-11), § 250-40-030, filed 4/21/88; WSR 87-16-047 (Order 1-87, Resolution No. 87-59), § 250-40-030, filed 7/29/87; WSR 82-15-054 (Order 5-82, Resolution No. 82-53), § 250-40-030, filed 7/20/82. Statutory Authority: RCW 28B.10.806. WSR 81-13-037 (Order 3/81, Resolution No. 81-68), § 250-40-030, filed 6/16/81; WSR 79-07-020 (Order 4-79, Resolution No. 79-33), § 250-40-030, filed 6/15/79; Order 5-77, § 250-40-030, filed 5/11/77; Order 6-75, § 250-40-030, filed 8/18/75; Order 6-74, § 250-40-030, filed 9/17/74.]



250-40-040
Student eligibility and selection.

(1) Eligibility criteria. In order to be eligible for employment under this program the student must:
(a) Demonstrate financial need.
(b) Be enrolled or accepted for enrollment as at least a half-time undergraduate, graduate or professional student or be a student under an established program designed to qualify him or her for enrollment as at least a half-time student at an eligible institution of postsecondary education.
(c) Be capable, in the opinion of the institution, of maintaining good standing in a course of study while employed under the program, and demonstrate satisfactory progress toward degree or certificate completion.
(d) Not be pursuing a degree in theology.
(e) Not owe a refund or repayment on a state or federal financial aid grant program and not be in default on a loan made, insured, or guaranteed under federal and state financial aid loan programs.
(2) Criteria for institutional determination of financial need and the making of awards.
(a) Standard budgetary costs will be determined by the institution subject to approval by the higher education coordinating board.
(b) Total applicant resources shall be determined in accordance with the federal methodology system of need analysis. Institutional financial aid officers may make reasonable adjustments to the computed total applicant resources if individual circumstances warrant such adjustments.
Any adjustments must be documented and placed in the student's financial aid records.
(c) The work-study award shall be designed in such a manner that the sum total of financial aid awarded any one student will not exceed the difference between the total applicant's resources and the budgetary cost of education.
(d) Each institution must have a policy relating to the continuance of aid for students who enroll in but do not complete the number of credit or clock hours required to maintain satisfactory progress toward completion of his or her degree or program objective. The institution must submit its policy to the board annually for approval.
(3) Priorities in placing students.
(b) After consideration of (a) of this subsection, then provide job placements in fields related to each student's academic or vocational pursuits, with an emphasis on off-campus job placements wherever appropriate; and
(c) Whenever appropriate, provide opportunities for off-campus community service placements.
(4) Job placements are encouraged in occupations that meet Washington's economic development goals especially those in international trade and international relations.
[Statutory Authority: RCW 28B.15.012. WSR 06-17-047, § 250-40-040, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28B.12.020 through 28B.12.070. WSR 94-14-006 § 250-40-040, filed 6/23/94, effective 7/24/94; WSR 93-20-044, § 250-40-040, filed 9/29/93, effective 10/30/93. Statutory Authority: RCW 28B.12.060. WSR 88-10-002 (Order 3/88, Resolution No. 88-11), § 250-40-040, filed 4/21/88; WSR 87-16-047 (Order 1-87, Resolution No. 87-59), § 250-40-040, filed 7/29/87. Statutory Authority: RCW 28B.10.806. WSR 81-13-037 (Order 3/81, Resolution No. 81-68), § 250-40-040, filed 6/16/81; WSR 80-05-024 (Order 2-80, Resolution No. 80-54), § 250-40-040, filed 4/14/80; Order 5-77, § 250-40-040, filed 5/11/77; Order 6-74, § 250-40-040, filed 9/17/74.]



250-40-050
Restrictions on student placement and compensation.

(1) Displacement of employees. Employment of state work-study students may not result in displacement of employed workers or impair existing contracts for services.
(a) State work-study students employed by public institutions of postsecondary education may not fill positions currently or formerly occupied by classified employees.
(b) In cases of governmental employment, state work-study students may fill positions which have been previously occupied but were vacated as a result of implementing previously adopted reduction in force policies in response to employment limitations imposed by federal, state or local governments.
(c) In all other cases, state work-study students may not fill positions which have been occupied by regular employees during the current or prior calendar or fiscal year.
(2) Rate of compensation. All work-study positions shall receive compensation equal to the entry level salary of comparable nonwork-study positions.
Students employed by public postsecondary educational institutions who are filling positions which are comparable to Washington personnel resources board classified positions must be paid entry level Washington personnel resources board wages for the position unless the overall scope and responsibilities of the position indicate a higher level.
Determination of comparability must be made in accordance with state work-study program operational guidelines.
Documentation must be on file at the institution for each position filled by a state work-study student which is deemed by the institution as not comparable to a higher education personnel board position.
(3) Maximum total state work-study compensation. Earnings beyond the student's state work-study eligibility must be reported to the financial aid officer, and resulting adjustments made in the financial aid package in accordance with federal methodology. In the event that a student earns more money from state work-study employment than the institution anticipated when it awarded student financial aid, the excess is to be treated in accordance with the method specified in the state work-study operational guidelines.
(4) State share of student compensation. With the exception of board-approved off campus community service placements, the state share of compensation paid students shall not exceed 80 percent of the student's gross compensation. In the following cases the state share may be established at 80 percent:
(a) When employed by state supported institutions of postsecondary education at which they are enrolled;
(b) When employed as tutors by the state's common school districts;
(c) When employed in tutorial or other support staff positions by nonprofit adult literacy service providers in the state of Washington who meet guideline criteria for participation; and
(d) When employed in an off-campus community service placement. The state share of compensation paid students employed by all other employers shall not exceed 65 percent of the student's gross compensation.
(5) Employer share of student compensation. The employer shall pay a minimum of 20 percent or 35 percent of the student's gross compensation as specified in subsection (4) of this section, plus the costs of any employee benefits including all payments due as an employer's contribution under the state workman's compensation laws, federal Social Security laws, and other applicable laws. The federal work-study program cannot be used to provide employer share of student compensation except when used for placement of students in tutorial or other support staff positions with adult literacy service providers in the state of Washington who meet guideline criteria for participation.
(6) Academic credit for state work-study employment. Students may receive academic credit for experience gained through state work-study employment.
(7) Maximum hours reimbursed. Employment of a student in excess of an average of 19 hours per week, or in the case of on-campus graduate assistants an average of 20 hours per week, over the period of enrollment for which the student has received an award or a maximum of 40 hours per week during vacation periods will not be eligible for reimbursement from state funds.
A student may not be concurrently employed in the same position by the state work-study program and the federal work-study program and exceed the 19 hours per week average.
(8) Types of work prohibited. Work performed by a student under the state work-study program shall not be sectarian related and shall not involve any partisan or nonpartisan political activity.
(9) Relationship to formula staffing percentage. Placement of state work-study students in on-campus positions at public postsecondary educational institutions may not result in a level of employment in any budget program in excess of a formula staffing percentage specifically mandated by the legislature.
[Statutory Authority: RCW 28B.15.012. WSR 06-17-047, § 250-40-050, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28B.12.020 through 28B.12.070. WSR 94-14-006 § 250-40-050, filed 6/23/94, effective 7/24/94; WSR 93-20-044, § 250-40-050, filed 9/29/93, effective 10/30/93. Statutory Authority: RCW 28B.12.060. WSR 88-10-002 (Order 3/88, Resolution No. 88-11), § 250-40-050, filed 4/21/88; WSR 87-16-047 (Order 1-87, Resolution No. 87-59), § 250-40-050, filed 7/29/87; WSR 86-10-014 (Order 4/86), § 250-40-050, filed 4/30/86; WSR 82-15-054 (Order 5-82, Resolution No. 82-53), § 250-40-050, filed 7/20/82. Statutory Authority: RCW 28B.10.806. WSR 81-13-037 (Order 3/81, Resolution No. 81-68), § 250-40-050, filed 6/16/81; WSR 80-05-024 (Order 2-80, Resolution No. 80-54), § 250-40-050, filed 4/14/80; WSR 79-07-020 (Order 4-79, Resolution No. 79-33), § 250-40-050, filed 6/15/79; WSR 78-08-007 (Order 3-78), § 250-40-050, filed 7/7/78; Order 5-77, § 250-40-050, filed 5/11/77; Order 6-75, § 250-40-050, filed 8/18/75; Order 6-74, § 250-40-050, filed 9/17/74.]



250-40-060
Institutional application and allotment procedures.

(1) Application. Institutions shall annually apply for and document campus need for student employment funds.
(2) Institutional reserve of funds. The board shall annually develop a reserve of funds for the body of students at each eligible participating institution. Institutions will be notified of funds available for their students by May 1 of the year prior to the academic year in which awards will be given, or within a reasonable period after the legislative appropriation becomes known, whichever is later. The following steps shall govern the determination and allotment of institutional reserves:
(a) A base funding level, or conditional guarantee, shall be adopted for each institution currently participating in the program. The initial allotment of funds to any one institution shall equal its conditional guarantee. The conditional guarantee will equal the amount of funds initially reserved to the institution for the 1992-93 fiscal year.
(b) Eligible institutions currently not participating in the program shall be continually encouraged to enter the program, and will be funded at a reasonable level.
(c) Each institution shall share proportionally in the event of budget reductions.
(d) Institutions displaying a pattern of fund underutilization shall have their allocations reevaluated and reduced if appropriate.
(e) Funding increases shall be distributed on an objective basis among institutions in a manner which, when combined with federal work-study allocations, furthers a parity of work opportunity among students statewide.
(f) No institution will be awarded funds which, in the institution's judgment or judgment reasonably exercised by the board, will exceed what the institution can adequately administer.
(4) Reallotments. If it is determined that an institution is unable to award all of the funds allotted it, the board will reduce its allotment accordingly and will redistribute unutilized funds to other eligible institutions. Reallotments however, shall not increase or decrease an institution's conditional guarantee.
[Statutory Authority: RCW 28B.15.012. WSR 06-17-047, § 250-40-060, filed 8/8/06, effective 9/8/06. Statutory Authority: RCW 28B.12.020 - 28B.12.070. WSR 93-20-044, § 250-40-060, filed 9/29/93, effective 10/30/93. Statutory Authority: RCW 28B.12.060. WSR 87-16-047 (Order 1-87, Resolution No. 87-59), § 250-40-060, filed 7/29/87; Order 5-77, § 250-40-060, filed 5/11/77; Order 6-74, § 250-40-060, filed 9/17/74.]



250-40-070
Administration.

With the assistance of an advisory committee, the higher education coordinating board shall administer the work-study program. The staff of the higher education coordinating board under the direction of the executive director will manage the administrative functions relative to the program and shall be authorized to enter into agreement with:
Eligible public institutions for the placement of students and the reimbursement of employers for the state share of the student's compensation.
Eligible private institutions for the placement of students.
Employers of students attending eligible private institutions for the reimbursement of the state share of the student's compensation. Such agreements shall be written to ensure employer compliance with the rules and regulations governing the work-study program.
(1) Responsibility of eligible public institutions. The institution will:
(a) Assist the board in contracting with eligible employers or, enter into contracts with eligible organizations for employment of students under the work-study program. Such agreements shall be written to ensure employer compliance with the rules and regulations governing the work-study program.
(b) Determine student eligibility and arrange for placement.
(c) Arrange for payment of the state share of the student's compensation.
(2) Responsibility of eligible private institutions. The institution will:
(a) Assist the board in contracting with eligible employers.
(b) Determine student eligibility, arrange for placement with employers, and notify the board of such placement.
(c) Submit student time sheets to the board in the prescribed manner and time frame outlined in guidelines.
(3) Employer responsibilities:
(a) Before it may participate in the program, an eligible employer must enter into agreement with the higher education coordinating board or a public institution acting as its agent, thereby certifying its eligibility to participate and its willingness to comply with all program requirements.
(c) Submit student time sheets to the institution in a timely manner.
(4) Advisory committee. The board will appoint an advisory committee which may include, but need not be limited to, representatives of public and private community colleges, technical colleges, and four-year institutions of higher education; vocational schools; students; community service organizations; public schools; business; and labor. When selecting members of the committee, the board will consult with institutions of higher education, the state board for community and technical colleges, the work force training and education coordinating board, and appropriate associations and organizations. The committee shall be convened to advise the board staff on matters pertaining to the development and the administration of the work-study program. In addition, representatives from postsecondary educational advisory and governing bodies will be invited to participate in advisory committee meetings when annual institutional allocations are being determined.
(5) Institutional administrative allowance. Contingent upon funds being made available to the higher education coordinating board for the operation of the work-study program, the public institutions will be provided an administrative expense allowance. In order to qualify for the allowance, the institution must demonstrate that financial support for student financial aid administration, exclusive of the administrative allowance, is at least equal to the level of support provided during the previous fiscal year.
(6) Institutional maintenance of effort. State funds provided under this program are not to be used to replace institutional funds which would otherwise be used to support student employment.
(7) Reports. The higher education coordinating board will obtain periodic reports on the balance of each institution's work-study funds to ensure a proper distribution of funds among institutions. In addition, information will be gathered subsequent to the end of the academic year, describing the population served and the modes of packaging used.
(8) Agreement to participate. In order to participate in the program, each institution must file an agreement to participate indicating agreement to abide by all program rules, regulations, and guidelines and to maintain and provide all pertinent information, records, and reports requested by the board.
(9) Appeals. If the board is notified of any possible violations of these rules and regulations, satisfactory resolution shall be attempted by board staff. If satisfactory resolution cannot be achieved by board staff, the advisory committee authorized by WAC 250-40-070(5) shall review the appeal and make a recommendation to board staff. If satisfactory resolution still cannot be achieved, the person or institution initiating the appeal may request a hearing with the board, which shall take action on the appeal.
(10) Program reviews. The higher education coordinating board will review institutional administrative practices to determine institutional compliance with rules and regulations and program guidelines. If such a review determines that an institution has failed to comply with program rules and regulations and guidelines the board may suspend, terminate, or place conditions upon the institution's participation in the program and require the institution to reimburse the students affected or the program in the appropriate amount.
[Statutory Authority: RCW 28B.12.020 through 28B.12.070. WSR 94-14-006 § 250-40-070, filed 6/23/94, effective 7/24/94; WSR 93-20-044, § 250-40-070, filed 9/29/93, effective 10/30/93. Statutory Authority: RCW 28B.12.060. WSR 87-16-047 (Order 1-87, Resolution No. 87-59), § 250-40-070, filed 7/29/87; WSR 85-20-034 (Order 4-85, Resolution No. 86-3), § 250-40-070, filed 9/24/85. Statutory Authority: RCW 28B.10.806. WSR 81-13-037 (Order 3/81, Resolution No. 81-68), § 250-40-070, filed 6/16/81; WSR 79-11-030 (Order 10-79, Resolution No. 80-19), § 250-40-070, filed 10/11/79; WSR 79-02-088 (Order 2-79), § 250-40-070, filed 2/7/79; Order 5-77, § 250-40-070, filed 5/11/77; Order 6-74, § 250-40-070, filed 9/17/74.]